Section 33-24-08-30 - General release detection requirements for all underground storage tank systems1. Owners and operators of underground storage tank systems must provide a method, or combination of methods, of release detection that: a. Can detect a release from any portion of the tank and the connected underground piping that routinely contains product;b. Is installed and calibrated in accordance with the manufacturer's instructions; c. Beginning on April 1, 2021, is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with one of the following: manufacturer's instructions, a code of practice developed by a nationally recognized association or independent testing laboratory, or requirements determined by the department to be no less protective of human health and the environment than the two options listed above. A test of the proper operation must be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria: (1) Automatic tank gauge and other controllers: test alarm, verify system configuration, and test battery backup;(2) Probes and sensors: inspect for residual buildup, ensure floats move freely, ensure shaft is not damaged, ensure cables are free of kinks and breaks, and test alarm operability and communication with controller;(3) Automatic line leak detector: test operation to meet criteria in subsection 1 of section 33-24-08-34 by simulating a leak;(4) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and(5) Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation. (NOTE: The following code of practice may be used to comply with subdivision c of subsection 1: Petroleum Equipment Institute Publication RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities".)
d. Meets the performance requirements in sections 33-24-08-33, 33-24-08-34, 33-24-08-70, 33-24-08-71, or 33-24-08-72, as applicable, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, the methods listed in subsections 2, 3, and 4 of section 33-24-08-33; subsections 1 and 2 of section 33-24-08-34; and sections 33-24-08-70, 33-24-08-71, or 33-24-08-72, must be capable of detecting the leak rate or quantity specified for that method in the corresponding section of the rule with a probability of detection of ninety-five hundredths and a probability of false alarm of five hundredths. 2. When a release detection method operated in accordance with the performance standards in sections 33-24-08-33 and 33-24-08-34 and either 33-24-08-70, 33-24-08-71, or 33-24-08-72 indicates a release may have occurred, owners and operators must notify the department in accordance with sections 33-24-08-40 through 33-24-08-43.3. Any underground storage tank system that cannot apply a method of release detection that complies with the requirements of this section must complete the closure procedures in sections 33-24-08-60 through 33-24-08-64. For previously deferred underground storage tank systems described in sections 33-24-08-01, 33-24-08-02, or 33-24-08-03 and 33-24-08-70, 33-24-08-71, or 33-24-08-72, this requirement applies after the effective dates described in paragraphs 2 and 3 of subdivision a of subsection 1 of section 33-24-08-01 and subsection 1 of section 33-24-08-71.N.D. Admin Code 33-24-08-30
Effective December 1, 1989; amended effective April 1, 1992.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1